Re: Linux Driver Violates BSD License

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To: Theo de Raadt <deraadt@...>
Cc: djgoku <djgoku@...>, <misc@...>
Date: Thursday, August 30, 2007 - 1:36 am

On 29/08/2007, Theo de Raadt wrote:

BTW, since this is misc@openbsd.org, people might be interested to
know about the history of the licensing terms of ath(4) in OpenBSD.

OpenBSD's ath(4) consists of two parts:

1. a driver, copyrighted by Sam Leffler of FreeBSD

2. a HAL, copyrighted by Reyk Floeter of OpenBSD

What Theo explained above concerns the OpenHAL code. OpenHAL is the
Linux name for madwifi driver connected with reyk's entirely free and
open source ath(4) HAL code.

Sam originally put a dual BSD/GPL licence onto his driver code.

Reyk always put a BSD-style licence onto his HAL code.

At the time OpenHAL was forked from OpenBSD, OpenBSD's ath(4)
_driver_, but _not the HAL_, was dual licensed.

As already mentioned, OpenBSD's ath(4) HAL, written by Reyk, was
_never_ dual licensed. See the history on
/sys/dev/ic/{ar52{10,11,12}{.c,{reg,var}.h},ar5xxx.{c,h}}.

http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ic/#ar5210.c

Few months ago, Sam changed the licence of _his_ code to a 2-clause
BSD licence. Sam had every right to do so, because he was and is the
only copyright holder of that code, as the licence header of the
driver file indicates, in FreeBSD, OpenBSD etc.

http://www.freebsd.org/cgi/cvsweb.cgi/src/sys/dev/ath/if_ath.c#rev1.170
http://www.freshbsd.org/2007/06/06?project=freebsd&committer=sam

Reyk committed Sam's changes to OpenBSD the same day, so now,
OpenBSD's ath(4) is _entirely_ BSD-licensed, with no alternative
licensing available.

http://www.openbsd.org/cgi-bin/cvsweb/src/sys/dev/ic/ath.c#rev1.64
http://www.freshbsd.org/2007/06/06?project=openbsd&committer=reyk

However, what Jiri Slaby does in his diff is simply outrageous. He
changes the licensing terms of the code _he does not own_ _at his own
will_. A clear copyright violation.

As I can see from that diff on LKML, Jiri Slaby doesn't even have his
name as the copyright holder in many of the ath5k files that he tries
to change the licensing terms of. In other files, he is not the only
author, so he can't change the terms unless _all_ other copyright
holders agree to the new terms.

I'm very upset that certain people think they can get away with such a
blatant disrespect of the copyright law. I trust that this violation
won't be left unnoticed.

What I personally don't understand, however, is that if Jiri Slaby
thinks that he can simply change the licence of someone's code without
explicit agreement of that someone, then why on earth does he think
that changing the licence to a more restrictive one will offer him any
protections, as, presumably following his logic, other people could
later change the licence to whatever they feel like, in the very same
illegal manner as he did in the first place. IMHO, that is the real
question that he has to answer.

Constantine.

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Messages in current thread:
Linux Driver Violates BSD License, Darrin Chandler, (Tue Aug 28, 9:35 pm)
Re: Linux Driver Violates BSD License, djgoku, (Wed Aug 29, 1:06 am)
Re: Linux Driver Violates BSD License , Theo de Raadt, (Wed Aug 29, 1:32 am)
Re: Linux Driver Violates BSD License, Constantine A. Murenin, (Thu Aug 30, 1:36 am)